[Code of Federal Regulations]
[Title 26, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.175-4]

[Page 205-206]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.175-4  Definition of ``land used in farming.''

    (a) Requirements. For purposes of section 175, the term land used in 
farming means land which is used in the business of farming and which 
meets both of the following requirements:
    (1) The land must be used for the production of crops, fruits, or 
other agricultural products, including fish, or for the sustenance of 
livestock. The term livestock includes cattle, hogs, horses, mules, 
donkeys, sheep, goats, captive fur-bearing animals, chickens, turkeys, 
pigeons, and other poultry. Land used for the sustenance of livestock 
includes land used for grazing such livestock.
    (2) The land must be or have been so used either by the taxpayer or 
his tenant at some time before or at the same time as, the taxpayer 
makes the expenditures for soil or water conservation or for the 
prevention of the erosion of land. The taxpayer will be considered to 
have used the land in farming before making such expenditure if he or 
his tenant has employed the land in a farming use in the past. If the 
expenditures are made by the taxpayer in respect of land newly acquired 
from one who immediately prior to the acquisition was using it in 
farming, the taxpayer will be considered to be using the land in farming 
at the time that such expenditures are made, if the use which is made by 
the taxpayer of the land from the time of its acquisition by him is 
substantially a continuation of its use in farming, whether for the same 
farming use as that of the taxpayer's predecessor or for one of the 
other uses specified in paragraph (a)(1) of this section.
    (b) Examples. The provisions of paragraph (a) of this section may be 
illustrated by the following examples:

    Example 1. A purchases an operating farm from B in the autumn after 
B has harvested his crops. Prior to spring plowing and planting when the 
land is idle because of the season, A makes certain soil and water 
conservation expenditures on this farm. At the time such expenditures 
are made the land is considered to be used by A in farming, and A may 
deduct such expenditures under section

[[Page 206]]

175, subject to the other requisite conditions of such section.
    Example 2. C acquires uncultivated land, not previously used in 
farming, which he intends to develop for farming. Prior to putting this 
land into production it is necessary for C to clear brush, construct 
earthen terraces and ponds, and make other soil and water conservation 
expenditures. The land is not used in farming at the same time that such 
expenditures are made. Therefore, C may not deduct such expenditures 
under section 175.
    Example 3. D acquires several tracts of land from persons who had 
used such land immediately prior to D's acquisition for grazing cattle. 
D intends to use the land for growing grapes. In order to make the land 
suitable for this use, D constructs earthen terraces, builds drainage 
ditches and irrigation ditches, extensively treats the soil, and makes 
other soil and water conservation expenditures. The land is considered 
to be used in farming by D at the time he makes such expenditures, even 
though it is being prepared for a different type of farming activity 
than that engaged in by D's predecessors. Therefore, D may deduct such 
expenditures under section 175, subject to the other requisite 
conditions of such section.

    (c) Cross reference. For rules relating to the allocation of 
expenditures that benefit both land used in farming and other land of 
the taxpayer, see Sec. 1.175-7.

[T.D. 7740, 45 FR 78634, Nov. 26, 1980]